Hammett v. Birmingham Ry., Light & Power Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. , Action by Harry A. Hammett against the Birmingham Railway, Light & Power Com-pany, for injuries sustained while a passenger. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. , Action by Harry A. Hammett against the Birmingham Railway, Light & Power Com-pany, for injuries sustained while a passenger. Judgment for defendant, and plaintiff appeals. The plaintiff stated his ease as for injuries proximately caused by the negligence of the servants or agents of the defendant while acting in the line and scope of their employment in and about the carriage of plaintiff as a passenger of the defendant. The defendant pleaded the general issue and the following special plea 2: Plaintiff himself was guilty…
1Opinion of the CourtSayre, J.
[1-3] Action by appellant, a passenger, against appellee a common carrier, for personal injuries. It is the duty of a street railroad carrier to provide a reasonably safe place for the landing of its passengers, as explained in Montgomery Street Ry. Co. v. Mason, 133 Ala. 508, 32 South. 261, and other of our cases; but this rule has no reference to independent agencies operating in the street such as the motorcycle mentioned in plea 2. The carrier is no more responsible for them than is the passenger. The passenger must therefore, upon alighting from the street car, exercise reasonable care…
2Cases cited8 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- Karpeles v. City Ice Delivery Co.Supreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Vines v. Plantation Motor LodgeSupreme Court of Alabama · 1976
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- United States Fidelity & Guaranty Co. v. JonesSupreme Court of Alabama · 1978
- Mahone v. Birmingham Electric Co.Supreme Court of Alabama · 1954
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
17 more not listed; retrieve them via the Exa API.